Questions and Replies

Reply:

Information relating to the financial and employment details of employees of the State Security Agency (SSA) forms part of the broader operational strategy and therefore remains classified and privileged.

It should however be observed that the SSA is held accountable on such matters by the Joint Standing Committee on Intelligence (JSCI).

Reply:

The employment details relating to members of the State Security Agency (SSA) would entail information that forms part of the broader operational strategy of the SSA and therefore remains classified and privileged. It should however be observed that the SSA is held accountable on such matters by the Joint Standing Committee on Intelligence (JSCI).

Reply:

Such information relating to service providers and/or contractors of the State Security Agency (SSA) forms part of the broader operational framework of the SSA and therefore remains classified and privileged. Information about service providers and/or contractors is a matter that falls in the ambit of national security and therefore excluded from public disclosure. It should however be observed that the SSA is held accountable on such matters by the Joint Standing Committee on Intelligence (JSCI).

Reply:

Information relating to the members of the State Security Agency (SSA) forms part of the broader operational framework of the SSA and therefore remains classified and privileged. It should however be observed that the SSA may be held accountable on such matters by the Joint Standing Committee on Intelligence (JSCI).

Reply:

1. The State Security Agency (SSA) as a matter of policy does not disclose operational information.

2. It should however be observed that the SSA is held accountable on such matters by the Joint Standing Committee (JSCI).

Reply:

It should be noted that the SSA has not engaged the services of the company mentioned. Yet, in applying the principles of the broader SSA strategy not to divulge information relating to operations, it is recommended that the following answer be submitted:

• Information relating to service providers to the State Security Agency (SSA) forms part of the broader operational strategy of the SSA and therefore remains classified and privileged.

• • Information about service providers and details such as travel information are matters that fall in the ambit of national security and therefore excluded from public disclosure.

• • It should however be observed that the SSA is held accountable on such matters by the Joint Standing Committee on Intelligence (JSCI).

Reply:

1. The State Security Agency (SSA) adheres to the principles of the Minimum Information Security Standards that provide that, “Political appointees will not be vetted, unless the President so requests, or the relevant contract so provides.” [Paragraph 1.5, Chapter 5].

2. In light of the above, question 2 becomes immaterial.

Reply:

1. South Africa’s response to cyber threats and in particular the role played by SSA in mitigating the impact of cyber-attacks in the country is articulated in the National Cyber-security Policy Framework (NCPF) for South Africa approved by the Cabinet in March 2011.

2. The Cyber Security Centre (CSC) in the SSA has been established as an initiative of Government to anticipate where cyber-attacks in the country or to national critical information infrastructure (NCIIs) may originate with a view to adapting defence strategies in order to mitigate the impact and respond to new cyber threats. The aim is to provide cyber situational analysis and a coordinated approach to incident response; and to promote cyber security knowledge and awareness.

3. The CSC underlines Government’s determination to provide enhanced and integrated readiness to mitigate cyber security threats and attacks in the country in a bid to maintain the country safe and secure. The current centre is meant to provide a coordinated response to cyber incidents affecting national security and in doing so it is envisioned to be augmented by other structures in the country such as the Government CSIRT (Gov. CSIRT), Cyber Security Hub (CSH), National Cybercrime Centre (NCC), Cyber Command (CC) and sector CSIRTs.

Reply:

1. The alleged investigation, as referred to in the article, does not fall within the ambit of State Security.

2. The SSA further does not interfere in the lawful investigations of other mandated departments.

3. Furthermore, the Minister of State Security cannot be expected to act upon every single media article that is published.

Reply:

1. The ownership of land by the State Security Agency (SSA) is information that forms part of the broader operational strategy of the agency and therefore as a matter of policy the SSA does not disclose such information.

2. It should however be observed that the SSA is held accountable on such matters by the Joint Standing Committee on Intelligence (JSCI).

Reply:

(a) Information relating to services providers and/or contractors of the State Security Agency (SSA) forms part of the broader operational framework of the SSA and therefore remains classified and privileged. Information about service providers and/or contractors is a matter that falls in the ambit of national security and therefore excluded from public disclosure. It should however be observed that the SSA is held accountable on such matters by the Joint Standing Committee on Intelligence (JSCI).

Reply:

1. Information relating to members of the State Security Agency (SSA) forms part of the broader operational framework of the SSA and therefore remains classified and privileged. Information about members is a matter that falls in the ambit of national security and therefore excluded from public disclosure. It should however be observed that the SSA is held accountable on such matters by the Joint Standing Committee on Intelligence (JSCI).

Reply:

The State Security Agency does not profile their members, who are South Africans in their own right. The intergration of statutory and non-statutory members happened back in 1995 when the erstwhile National Intelligence Agency was created in terms of applicable legislation.

Reply:

In terms of our tradecraft, international conventions and agreements entered into with international intelligence services, we are not in position to disclose such information.

Reply:

In terms of the National Intelligence Services Act 65 of 2002, as amended by the General Intelligence Laws Amendment Act 52 of 2003, there are no boards that should be established by the Minister of State Security and therefore there are no board positions to be filled.

The Ministry is still in the process of finalizing the appointment of members to the Intelligence Council On Conditions of Service (ICCS)

Reply:

As of 01/08/2017 no security clearance request had been received by the State Security Agency.

Reply:

1. The two officers referred to are not in the employment of the State Security Agency. In terms of our records no security clearance certificates were issued to the two officers by the State Security Agency.

2. Please refer to the response above

Reply:

The threat assessments that SSA provide, in compliance with the counter intelligence mandate as provided for in the National Strategic Act of 1994 (No. 39 of 1994) as amended, do not prescribe security measures that need to be implemented in response to a threat. The determination of the measures to be applied is the prerogative of the requesting institution.

Reply:

The State Security Agency (SSA) has no record that transaction advisors have been appointed for tenders for the period 1 January 2012 to 31 December 2016.

Reply:

In terms of the National Intelligence Services Act 65 of 2002, as amended by the General Intelligence Laws Amendment Act 52 of 2003, there are no boards that should be established by the Minister of State Security.

Reply:

The State Security Agency (SSA) awarded no contracts or agreements to personnel of the Agency to conduct business with any state entity in the years stated above.

Reply:

The State Security Agency (SSA) is mandated by the National Strategic Act of 1994 (Act No. 39 of 1994), and as amended by the General Intelligence Laws Amendment Act of 2013 (Act No. 11 of 2013), to conduct and coordinate counterintelligence (CI). In fulfilling this legislative mandate the SSA is required to “put in place or institute measures and conduct activities to neutralise the effectiveness of foreign or hostile intelligence operations, to protect intelligence and any classified information, to conduct vetting investigations and to counter any threat or potential threat to national security” (GILAA, Act No. 11 of 2013).

The SSA performs threat and risk assessments (TRAs) as per request from the South African Police – Directorate for Protective Services (DPSS) which includes the VIP services and the Presidential Protection Services (PPS). Threat assessments are also provided in support of the security deployment detail of the NATJOINTS. These assessments are provided to support the SAPS Crime Intelligence Division, and on the whole, the SSA provides the assessments on a routine basis as part of its Counterintelligence mandate.

The table below outlines the number of Threat and Risk Assessments provided to the SAPS Protection Services and/or the Ministry for State Security for visits by VIPs.

Reply:

The State Security Agency (SSA) does not make use of private security services.

Reply:

1.The person referred to, is said by the member that he is a suspended person from Crime Intelligence.

2. Crime Intelligence does not have its mandate on the Minister of State Security.

3. Labour Relations Act and Basic Conditions Employment Act defines every Employment Relations of everyone in the Employment of the State.

Reply:

The State Security Agency (SSA) has no company called Decolonisation Foundation in its data base.

Reply:

The State Security Agency (SSA) has no Bell Pottinger in its data base of companies.

Reply:

1. (a) No

(b) No

(c) No

   (i) Not vacant

   (ii) Not vacant

2. (a) No vacant position to be advertised

(b) No vacant position to be advertised

3. (a) Not Applicable

(b) Not vacant

(c) Not vacant

Reply:

1. (a) No

(b) No

2. (a) No

(b) No

(i) No

(ii) No

(aa) No

(bb) No

Reply:

a) We’ve maintained that information-sharing via the electronic web or cyberspace has revolutionized our world and the way in which we interact with each other. It has brought exciting opportunities in developing our economies, improving our health care, education, agricultural production, the provision of services to name but a few. These opportunities are endless. However, on the same breath, there are real threats that have manifested themselves in the same space, which if left unchecked can destabilize our use of this space and result in untold harm to individuals, corporates and governments. These include amongst others, cybercrime activities, human trafficking, defamation, child pornography and the like. The concern is to isolate and deal with those individuals who have nefarious intentions and want to use cyberspace and its platforms to propagate such.

b) The intention of sharing such a view during that media briefing referred to in the Hon Members’ question was to allow South Africans to have an honest discussion and debate on this matter. On the occasion of the processing, by Parliament this year, of the Cyber Crime and Cyber Security Bill, the public will be able to make their input heard as we all have a responsibility to secure our cyberspace and all its related platforms.

(c) As indicated in (b) above, a process involving public participation will ensue as part of developing the appropriate regulatory framework.

Reply:

Minister of State Security:

Deputy Minister of State Security:

No vehicles have been procured since 1 April 2016 to date.

Reply:

The State Security Agency (SSA) has not procured any services, or made any payments to Mr. Mzawanele Manyi, the Progressive Professionals Forum, The Decolonisation Fund and/or the Black Business Council. The aforementioned person and/or organisations have not been requested to provide any services.

Reply:

The reply in question was 

(a) Submitted on the 14 November 2016 to the Joint Standing Committee on Intelligence for tabling.

Reply:

(1) The allegations as purported by the Hon. Member as claimed to have been reported in the media constitute spurious allegations and the Minister would not want to entertain such.

(2) If the Hon. Member has evidence of any wrongdoing on the part of the Minister or the Department, he is encouraged to approach the relevant authorities to report same.

Reply:

The State Security Agency (SSA) participated in the security arrangements of the hosting the 2017 State of the Nation Address (SONA) in accordance with the constitution and other relevant legislation and its mandate as prescribed in the National Strategic Intelligence Act, 1994, amended by the General Intelligence Laws Amendment Act, 2015.

The SSA furthermore rendered its services in the context of the Justice, Crime Prevention and Security Cluster (JCPS) as guided by the National Joint Operational and Intelligence Structure (NATJOINTS). The purpose of such services is to ensure a safe and secure environment, and to mitigate risks associated with instability.

There was no specific allocation as the costs associated with this work came from the normal operational budget of the Agency.

Reply:

1. The question posed by the Honourable Member was answered during the Oral Questions session on 16 November 2016.

For the record, herewith reply provided:

Yes, government through its law enforcement agencies of the security cluster knows the context and the actors involved.

Government has positioned education as one of its apex priorities, and the issues raised by students are genuine and deserves the support of all of us.

However, in the right to protest, just like any other right, has obligations; it is not unfettered.

Section 36 of our Constitution provides for limitation of rights.

We thereof must condemn the violence and wonton destruction of property that we have witnessed as it is setting back the country and is impacting negatively on our planning trajectory and will be felt by many generations to come.

(a) The genuine struggle of students has been hijacked by certain NGOs who come under the guise of “humanitarian support” while they are wolves in sheep skin. In addition, certain political parties here have become opportunists and used this noble struggle for their narrow political agendas.

(b) Students have been offered various forms of “humanitarian support” in the form of funds, refreshments, logistic and legal assistance amongst other things, exploiting genuine struggles

The security services of this country have stabilised the situation in institutions of higher learning. Lectures were completed and exams are underway in some institutions. The criminal justice system is also processing those students who were arrested.

Education is a societal matter. Whatever difficulty and challenges that we are confronted with, we must know that these are not insurmountable. As the Freedom Charter taught, we must be in a position to sit down and resolve these through peaceful negotiations.

2. As per the doctrine of intelligence tradecraft, operational matters and plans are not discussed.

Reply:

1. The former Director General of State Security Agency was employed with effect from August 2013 and her contract was terminated through mutual agreement with effect from 15 August 2016. All the performance agreements for the periods 2013/2014, 2014/2015, 2015/2016 and 2016/2017 were signed and assessed.

The current Director General of State Security Agency was appointed on 26 September 2016 and his performance agreement is expected to be signed within the first 30 days of his appointment as per the regulatory framework.

2. This does not apply as performance agreements were signed as per (1) above.

The former Director-General received no performance rewards for the mentioned financial years. The final performance assessment for the former Director-General for the financial year 2016/17 is in the process of being finalised.

3. The current Director-General of the State Security Agency will only be assessed at the end of the financial year 2016/2017as per the regulatory framework.

Reply:

The State Security Agency (SSA) has not spent funds on any television or radio stations as stated above.

Reply:

(a) The State Security Agency (SSA) is in the process of establishing an official language policy for the department.

(b) (i) The establishment of a language unit will be addressed on the approval of the official language.

(ii) The department is currently in the process of determining the relevant languages per province that should be included in the official language policy

Reply:

(a) The State Security Agency (SSA) has spent approximately R63 000.00 on advertising in the 2015-2016 financial year.

The SSA has no budget for advertising in the 2016-17 financial year. Advertising of tenders will be done through E-Tendering system as provided by National Treasury

Reply:

The State Security Agency (SSA) does not have development programmes for SMME’s or Cooperatives.

Reply:

The State Security Agency (SSA) does not fund any political parties.

Reply:

• In terms of the Executive Members Ethics Act, 1988 and Parliament’s Code of Ethical Conduct and Disclosure of Members Interests, the Minister of State Security has always without fail submitted his financial interests

• These are matters of public record and the Member is referred to check same.

Reply:

(1) In August 2014, following media reports about allegations of improper and unlawful conduct of members and people associated with the State Security Agency (SSA), the Minister of State Security requested the office of the Inspector-General of Intelligence (IG) to conduct an investigation into these allegations. The media reports had alleged that certain employees of the agency were involved in activities meant to destabilize the functioning of the South African Revenue Services (SARS). (a)the report was titled “Investigation into Media Allegations Against SSA Employees”. (b) the report did not find any wrong doing on the part of the State Security Agency and recommended that engagements be held with SARS on certain aspect of their investigative work. (c) the report was completed on 31 October 2014.

(2) The Joint Standing Committee on Intelligence was briefed on this report by senior officials of the State Security Agency on 12 May 2015.

Reply:

Our expenditure to date indicates that we are already on par with the presidential pronouncement that expenditure to SMMEs must be at 30% of our procurement spent.

This figure is expected to increase with the finalization of all procurement contracts by the end of financial year 2015/16.

57% (R18M) of the current finalized procurement contracts are awarded to level 1 and 2 BBBEE companies, of which 55% (R10M) there-of is awarded to SMMEs.

Reply:

1. The State Security Agency (SSA) is not aware of this purported process and therefore cannot respond.
2. When Parliament commence with any process that require our involvement we can react.

Reply:

The State Security Agency has never conducted any security vetting process in respect of any member of the Parliamentary Press Gallery during the Fifth Parliament.

Reply:

a) Members of the Joint Standing Committee on Intelligence (JSCI) are expected to undergo the security vetting process in order to have Top Secret security clearance.

b) The State Security Agency has conducted vetting of the JSCI members twice. The security vetting process is conducted after every five years when the Top Secret security clearance has lapsed.

c) The State Security Agency received a request from the Chairperson of the JSCI.

Reply:

(a)&(b) The State Security Agency (SSA) has deployed its staff members from the Chief Directorate External Vetting and Advising to be stationed at Parliament to conduct vetting of Parliamentary support staff.

(i)(aa) The specified SSA staff has been stationed in Parliament since September 2015.

(bb) The SSA is expected to complete the vetting project in March 2016.

(ii) The SSA was requested by Mr.Gengezi Mgidlana, the Secretary to Parliament.

(iii) The Secretary to Parliament requested the SSA to conduct security vetting to all Parliamentary support staff.

Reply:

The investigation of the blog and related matters on African Intelligence leak is at an advanced stage and the team is expected to conclude the remaining scope of the investigation as soon as possible.

Reply:

According to Treasury guidelines on the compilation of Departmental Annual Reports, the 2014-15 annual report does contain information on the costs incurred for travel, accommodation and transport rentals by departmental staff.